Complaint

IN THE CIRCUIT COURT, ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO.:

CLIENT,

Plaintiff,

v.

KS&P RESTAURANTS, LLC,

Defendant.

/

COMPLAINT

Comes now the Plaintiff, CLIENT, by and through his undersigned attorney and sues the Defendant, KS&P RESTAURANTS, LLC, and says:

COUNT I

GENERAL ALLEGATIONS

1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of attorney’s fees and costs.

2. That at all times material hereto Plaintiff, CLIENT, was a resident of Miami, MIAMI-DADE County, Florida.

3. That at all times material hereto, the Defendant, KS&P RESTAURANTS, LLC , was and is a corporation organized and existing under the laws of the State of Florida.

4. That at all times material hereto, the Defendant, KS&P RESTAURANTS, LLC, owned and/or operated a restaurant located at 3323 NE 163 Street, North Miami , MIAMI-DADE County, Florida.

5. The incident, which is the subject matter of the above litigation, occurred in South Daytona, MIAMI-DADE County, Florida.

6. This Honorable Court has jurisdiction over this lawsuit in that the Plaintiff, CLIENT, at the time of the incident resided in MIAMI-DADE County, Florida, the incident which is the basis of this lawsuit took place in MIAMI-DADE County, Florida, and this is an action for money damages for the Plaintiff, CLIENT, against the Defendant, KS&P RESTAURANTS, LLC, exceeding Fifteen Thousand Dollars ($15,000.00).

COUNT II

NEGLIGENCE OF DEFENDANT, KS&P RESTAURANTS, LLC

7. That Plaintiff, CLIENT, realleges the allegations in Paragraphs One (1) through Six (6) of Count I of this Complaint and incorporates them herein.

8. That on or about December 11, 2006, the Plaintiff, CLIENT, was a business invitee at Denny’s located at 3323 NE 163 street, North Miami, Florida, owned and/or operated by the Defendant, KS&P RESTAURANTS, LLC, and was lawfully on the premises for the purpose of dining at said restaurant.

9. The Plaintiff, CLIENT, was sitting at a booth when he was getting up to leave, the booth flipped up and caused him to fall due to the negligent acts and omissions of Defendant, KS&P RESTAURANTS, LLC, in that it negligently created a dangerous or negligent condition, to wit:

A. By failing to provide a safer seating environment for a business patron or invitee to sit upon.

B. In failing to keep the said premises in a safe and proper condition for the use of its invitees or patrons.

C. In failing to warn the Plaintiff, CLIENT, of the dangerous condition of said failure to keep premises including, but not limited to the seating environment, in a safer condition, which caused the slip and fall at the place where the Plaintiff, CLIENT, was caused to fall.

10. That at the time and place aforesaid the Defen­dant, KS&P RESTAURANTS, LLC, so recklessly or negligently maintained, operated or controlled said premises as to cause the Plaintiff, CLIENT, to be injured thereon at a time when the Defendant, KS&P RESTAURANTS, LLC, caused the premises to be unsafe, and knew, or by the exercise of reasonable care, should have known that the said area was not in a reasonably safe condition commensurate with the circumstances of its use by patrons, or in the alternative;

11. At the aforesaid time and place the Defendant, KS&P RESTAURANTS, LLC, failed to exercise proper care in maintaining the said area in a safe condition, or in the alternative;

12. Employed incompetent, inexperienced, unskilled or careless employees and/or failed to exercise proper supervision of said employees in maintaining the said area in a proper, safe condition, thereby causing serious injuries to the Plain­tiff, CLIENT, as herein alleged, or in the alternative;

13. That at the time and place aforesaid, the Defendant, KS&P RESTAURANTS, LLC, knew of the existence of the dangerous seating environment in the area for a period of time sufficient to put the Defendant, KS&P RESTAURANTS, LLC, on notice, and the Defendant, KS&P RESTAURANTS, LLC, failed under their duty to both repair or warn patrons or business invitees of said dangerous condition, or in the alternative, the Defendant’s, KS&P RESTAURANTS, LLC’S, employees knew of the existence of the “dangerous seating environment” in the area, and in the exercise of their duty to maintain the said area in a reasonably safe condition for the patrons’ use, so care­lessly and negligently maintained said area that it was, in fact, a hazard, and it caused the Plaintiff, CLIENT, to fall violently substantially injuring himself.

14. That as a direct and proximate result of the said negligence by Defendant, KS&P RESTAURANTS, LLC, the Plaintiff, CLIENT, has suffered bodily injury, and resulting pain and suffering, disability, disfigurement, mental anguish and pain, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition and has incurred substantial medical expenses for treatment and care, past, present and future. Said losses, injuries, and expenses are either permanent or continuing in nature and Plaintiff, CLIENT, will continue to suffer same in the future.

WHEREFORE, Plaintiff, CLIENT, demands judgment for damages against Defendant, KS&P RESTAURANTS, LLC, in an amount exceeding Fifteen Thousand Dollars ($15,000.00) together with the costs of this action, and further demands trial by jury on all issues so triable.

JUSTIN ZIEGLER, ESQ.

Justin Ziegler, P.L.

Attorney for Plaintiff

Florida Bar # 662305

One Datran Center

9100 S. Dadeland Blvd. Suite 512

Miami, Florida 33156

Telephone: (305) 403-0966

Dated: November 28, 2007.